(a) For every action that includes a contested custody of children, both parties or both parents shall develop either a mutually agreed-upon general parenting plan or separate individually-desired parenting plan, and file the plan at the outset of the action.
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Terms Used In Hawaii Revised Statutes 571-46.5

  • Court: means one of the family courts as herein established. See Hawaii Revised Statutes 571-2
  • Family violence: means the occurrence of one or more of the following acts by a family or household member, but does not include acts of self-defense:

    (1) Attempting to cause or causing physical harm to another family or household member;

    (2) Placing a family or household member in fear of physical harm; or

    (3) Causing a family or household member to engage involuntarily in sexual activity by force, threat of force, or duress. See Hawaii Revised Statutes 571-2

(b) A parenting plan may include a general outline relating to parental responsibilities and parenting time. A general parenting plan may also allow the parents to develop a more detailed agreement on an informal basis.
(c) A detailed parenting plan may include, but is not limited to, provisions relating to:

(1) Residential schedule;
(2) Holiday, birthday, and vacation planning;
(3) Parental decision-making and responsibility;
(4) Breastfeeding, if applicable;
(5) Information sharing and access;
(6) Relocation of parents;
(7) Telephone access and other means of communication;
(8) Right of first refusal procedures;
(9) Transportation; and
(10) Methods for changing or enforcing the parenting plan and for resolving disputes.
(d) If the parties cannot agree on a parenting plan, the court may:

(1) Order the parties to participate in alternative dispute resolution and in counseling with a person with professional experience in child custody or parenting issues, or with other appropriate education, unless there is a finding of family violence; and
(2) Develop and file a detailed parenting plan when requested by either of the parties or parents.
(e) The court or the parties may revise and amend the parenting plan from time to time.

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